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While not a required step, it is recommended that general contractors in Connecticut file an affidavit with the county clerk within 15 days of commencing work. This will require sub-tier parties to provide a Notice of Intent to you as well as the property owner.
In Connecticut, all mechanics liens must be filed within 90 days of the date of last furnishing labor or materials.
An action to enforce a Connecticut mechanics lien must be commenced within 1 year after recording lien.
Subcontractors in Connecticut are not required to provide preliminary notice at the beginning of a project. However, they must provide a Notice of Intent to the property owner and prime contractor within 90 days after ceasing work.
In Connecticut, all mechanics liens must be filed within 90 days of the date of last furnishing labor or materials.
An action to enforce a Connecticut mechanics lien must be commenced within 1 year after recording lien.
Material suppliers are not required to provide preliminary notice in Connecticut. However, they must file a Notice of Intent to owner and prime contractor within 90 days after ceasing work.
In Connecticut, all mechanics liens must be filed within 90 days of the date of last furnishing labor or materials.
An action to enforce a Connecticut mechanics lien must be commenced within 1 year after recording lien.
Most project participants are entitled to mechanics lien rights in Connecticut. as long as the claim is for at least ten dollars for labor, services, or materials furnished.
Connecticut law requires the use of a two-part test in order to determine if a party has mechanics lien rights. The “physical enhancement test” requires that the services or materials must enhance the property physically, lay the groundwork for the same, or be an essential part of the scheme of physical improvement. In addition, the labor or materials must have been provided in the construction, raising, removal, or repair of a building or its appurtenances, or in the improvement or subdivision of any plot of land. The value of rental equipment is allowed.
Generally, a written contract isn’t required in Connecticut to be able to file a mechanics lien. However, its always a good idea to get a contract in writing at the outset of each and every construction project.
• Dive deeper: Can a Contractor File a Lien Without a Written Contract?
It depends. There is no specific requirement in Connecticut that a lien claimant must be licensed to file a valid mechanics lien in most cases.
However, on residential projects, only registered contractors who comply with the Home Improvement Act or New Home Construction Contractors Act have lien rights with the exception that licensed professionals are not required to comply with the HIA or NHCCA when they are performing the work for which they are licensed. The details of how the Home Improvement Act can impact a contractor’s or supplier’s lien right was discussed in a recent (2013) court case, see: Connecticut’s Home Improvement Act: Subcontractors Can Breathe Easy.
• Learn how to get licensed: Connecticut Contractor Licensing- Guide to Rules & Registration
In order to be valid, a Connecticut mechanics lien must be recorded within 90 days of the last day on which the lien claimant performed services or furnished materials.
Be careful when selecting your last furnishing date. A recent Connecticut decision in Constr. Ken-Nection Inc v. Cipriano leaves open the issue of whether work performed after a month and a half delay on the bulk of a project’s work should be excluded as “substantial” work on the project. This case, which is important when calculating your Connecticut mechanics lien deadlines, was discussed in this article: Which Work or Material to Include When Calculating A Mechanics Lien Deadline?
A Connecticut Certificate of Lien must include all of the information required under Conn. Gen. Stat. §49-34:
• Claimant’s name and address;
• Property owner(s) name(s);
• Date of first furnishing labor and/or materials to the project;
• Property description;
• Amount claimed and a statement that the amount claimed is “justly due, as nearly as can be ascertained; &
• Signed by the claimant and notarized.
Note: pay attention to who you put down as the actual claimant on the mechanics lien document itself. Claimants have been known to misidentify themselves or to not use their exact technical name, and this can cause big problems for the company’s lien right. This happened in Connecticut, as we explored in “More Problems With Misidentification of Lien Claimant in Mechanics Lien.”
No. A mechanics lien in Connecticut does not require a full legal property description. A description of the property is sufficient if it describes the property to be liened such that it can be reasonably identified. A street address has been held sufficient for these descriptive purposes.
No, CT mechanics lien may attach to the property in an amount greater than the amount the owner agreed to pay for the building and its appurtenances. Indirect or consequential damages are not allowed in lien claims in Connecticut. Attorney fees may be awarded in a successful foreclosure action.
Connecticut’s rules about the amount of the mechanics lien claim, and its connection to the property owner’s total and overall agreement, are unique from other states.
Yes. Connecticut law requires that the lien be attested to under oath and must be notarized to be valid. The “under oath” requirement is important in Connecticut, as courts have repeatedly indicated that a simple notarial acknowledgment will not do.
The lien claim must actually state that the statement is “under oath” and the notary must perform an oath “ceremony” when making the acknowledgment. See Louis Gherlone Excavating Inc v. McLean Construction Company Inc. Who is allowed to sign the mechanics lien is also an important consideration in Connecticut. In Kesco LLC v. 201 Salem Tpk LLC, a court invalidated a mechanics lien because it was signed by a claimant’s attorney and not the claimant himself. The Connecticut mechanics lien, therefore, must be signed by the lien claimant and the lien claimant only.
Connecticut mechanics lien claims are documents recorded with the town clerk’s office. For your mechanics lien to be valid, you must record it in the town where the job is physically located.
Each have their own unique rules and requirements. To help you, we’ve assembled all of the offices in Connecticut that record mechanics liens. These pages will walk you through the county’s specific formatting requirements, deadlines, and fees.
• Be prepared: Essential Questions to Ask The County Recorder Before Filing a Lien
There are a lot of questions on this page about who can file a Connecticut mechanics lien, when it must be filed, what types of rules apply, and more. But you may be wondering something much more practical: how do I actually get my mechanics lien recorded and filed?
• For a full breakdown of the process, you may want to consult: How to File a Connecticut Mechanics Lien | A Step-by-Step Guide to Get Paid
Yes. Connecticut requires that no later than 30 days after the Certificate of Lien is filed with the town clerk, a true and attested copy of the certificate must be served on the owner of the property.
Service of the notice, in this case, is defined as follows: “if the owner or original contractor resides in the same town” as the property, service may be “by any indifferent person, state marshal or other proper officer, by leaving with such owner or original contractor or at such owner’s or the original contractor’s usual place of abode.”
If the owner or original contractor does not reside in the same town as the property, the indifferent person, state marshal or other proper officer may effect service “by mailing a true and attested copy of the notice by registered or certified mail to the owner or original contractor at the place where such owner or the original contractor resides. If such copy is returned unclaimed, notice to such owner or original contractor shall be given by publication.”
• See: Guide to Connecticut’s Complex Lien and Notice Requirements
Connecticut mechanics lien laws don’t specifically mention the ability to amend the claim after it’s been filed. However, there is some case law that suggests a claim may be amended if the document meets all the requirements of a Certificate of Lien and filed before the deadline (90 days) passes.
A mechanics lien may be filed against an individual condominium just as against every other property. If a claim is to be filed against a condominium project as a whole such that it is to attach to each unit in a condominium development, each individual owner must be served.
An action to enforce a mechanics lien in Connecticut must be initiated no later than one year from the date on which the lien was recorded. Failure to initiate a foreclosure action by this deadline will result in the lien being extinguished.
No, Connecticut is an unpaid balance lien state, meaning the amount that can be recovered by a lien claimant is limited to the unpaid balance due to the claimant’s hiring party.
In Connecticut, a mechanics lien has priority over any other encumbrance that originate after services or materials were provided to the property. Only encumbrances that were recorded prior to the initial furnishing of services or materials have preference over a valid mechanics lien.
Note that the date the encumbrance was recorded is the controlling date, not the date of execution – so a mortgage that was executed but not recorded until after services were performed is subsequent in priority to a valid mechanics lien. All mechanics liens are of the same priority, and if the total amount of several mechanics liens exceeds the lienable fund, the lien claims may be apportioned.
The scenarios when a mechanics lien filing will take priority over a bank or mortgage filing was explained by a Connecticut court nicely in a 2010 case.
There is no specific provision in Connecticut law that outlines who must cancel a mechanics lien after payment, or when that cancellation must be filed. However, an invalid lien must be discharged by the lienor within 30 days of receiving written notice from a person with an interest in the liened property that the lien is invalid. Failure to do so may result in penalties.
→ Download a free Connecticut Mechanics Lien Release form here
This is only a portion of the contract; however, regardless, GENERALLY, indemnifcation clauses cannot stop the subcontractor from liening the project (I have never heard of such a case, with that being said, there is not enough information here). If you need assistance with a lien, please let us know.
Doug, very complex question, more information is likely needed. Generally, if a project is private, you'd have lien rights as against the respective real property where the project is located. In Connecticut, if the project is public, bonding would be necessary for the project and there would have to be a bond to make a contractor/subcontractor/materialman whole as you would not be able to foreclose on the project. Regardless of lien rights, are there payment bonds invovled? As to the lien rights issue, that would likely require some legal research and additional facts and circumstances.
Liens are created by contract, statute, common law or at equity. Check out Wikipedia article on “Liens.” I have been practicing for many years and had no idea that there are so many different types of liens. So, on the issue of assignability, one must look at case law in each particular jurisdiction to appreciate the source of the authority that permits assignments. In Connecticut, a construction or mechanic’s lien is created by statute rather than by agreement. And, as you aptly noted, whether a mechanic’s lien is assignable is determined state by state. On the other hand, mortgages are created by contract and, like contracts in general are assignable as a matter of right unless expressly prohibited in the mortgage deed. And then, the restrictions of assignability must be met. And then there are judgment liens that are a creature of statute as are tax liens. As it relates to a tax lien on real property, under CGS § 12-195h, a municipality may assign, for consideration, any liens filed to secure unpaid taxes on real property so long as it is authorized by resolution of the municipality's legislative body with the consideration to be received by the municipality to be negotiated between it and the assignee.
In answer to your direct question, I am not aware of any state that expressly prohibits the assignment of mechanics liens outright but the best way to find out is to do
The way to "fight back" on this is to serve him with a letter from an attorney or from you (and clearly written by an attorney) demanding that he cure any alleged defect, etc. Of course, the one year period of time is now expired under the contractor's warranty it appeasr. As to the "side agreement" and what is or is not lienable, more information is needed.
A public works project is vastly different from a private job, please be very careful. If you still need assistance, please advise.
Connecticut’s mechanics lien law sets forth specific, often complex requirements that construction parties must follow in order to file a lien claim. Read the step-by-step guide to filing a mechanics lien in Connecticut.
Connecticut law requires the use of a two-part test in order to determine if a party has mechanics lien rights. The “physical enhancement test” requires that the services or materials must enhance the property physically, lay the groundwork for same, or be an essential part in the scheme of physical improvement.
In addition, the labor or materials must have been provided in the construction, raising, removal, or repair of a building or its appurtenances, or in the improvement or subdivision of any plot of land. The value of rental equipment is allowed.
There is no specific requirement in Connecticut that a lien claimant must be licensed to file a valid mechanic’s lien in most cases. However, on residential projects, only registered contractors who comply with the Home Improvement Act or New Home Construction Contractors Act have lien rights with the exception that licensed professionals are not required to comply with the HIA or NHCCA when they are performing the work for which they are licensed.
In order to be valid, a Connecticut mechanic’s lien must be recorded within 90 days of the last day on which the lien claimant performed services or furnished materials.
Connecticut does not have preliminary notice requirements prior to performing work on the project.
However, if the general contractor properly files an affidavit within 15 days after commencement of work, subcontractors and suppliers are required to serve the original contractor (in addition to the property owner) with a copy of a Notice of Intent to Lien.
All lien claimants who do not have a direct contractual relationship with the property owner must provide a Notice of Intent to Lien to the owner (and the original contractor if applicable) before filing the Certificate of Lien.
A Connecticut mechanics lien must contain the following information:
In addition, the mechanics lien form must be signed by the claimant himself, notarized, and attested to under oath.
The completed mechanics lien form must be filed with the recorder’s office in the Connecticut county where the property is located. A mechanics lien can be delivered in person, by mail, or by FedEx. The proper filing fees must be included. If delivered by mail or FedEx, provide a self-addressed, stamped envelope with return instructions for copies of the lien.
Connecticut also requires that, no later than 30 days after the Certificate of Lien is filed with the town clerk, a true and attested copy of the certificate must be served on the owner of the property. Failure to complete this step can invalidate the lien claim.
In Connecticut, mechanics liens have priority over any encumbrance originating after the materials and/or labor giving rise to the mechanics lien was furnished to the property. Note that, in Connecticut, the mechanics lien privilege arises when the labor and/or material is furnished, not when the lien is recorded.
Therefore, in Connecticut, a mechanic’s lien takes precedence over any other encumbrance that originate after services or materials were provided to the property, including mortgages. So, a mortgage that was executed but not recorded until after services were performed is subsequent in priority to a valid mechanic’s lien, and a mortgage that was both executed and recorded prior to the furnishing if labor and/or materials to the project has priority over the mechanics lien.
All mechanic’s liens are of the same priority, and if the total amount of several mechanic’s liens exceeds the lienable fund, the lien claims may be apportioned.
A mechanics lien in Connecticut is valid for 1 year from the recording date. If unpaid, claimants must take action to enforce their lien before this deadline expires. The timeframe to enforce a Connecticut lien cannot be extended.
The Guide to Filing a Connecticut Mechanics Lien will walk you through each step required to qualify for and file a mechanics lien in Connecticut. Learn more about the notices you need to send, the information required on Connecticut’s mechanics lien form, and essential tips about delivering it to the county recorder’s office.
Download a blank Connecticut mechanics lien form to use when filing a claim. Our free forms were created by construction attorneys to meet the requirements in Connecticut’s mechanics lien laws. The state statutes are very specific about the language and formatting required in a lien claim document. We make it easy to get this part right.
This part can get tricky; making a mistake on the form could cause an Connecticut lien claim to be invalid. All of the information must be 100% accurate, including the legal names of each party, the property description, and the claim amount. Review every detail carefully.
Connecticut requires claimants to sign and notarize the mechanics lien form under oath.
File your completed form with the town clerk where the property is located, and pay the recording fee. View a full list of Connecticut town offices to find contact information, fees, and filing requirements.
A Connecticut mechanics lien must be served on the property owner within 30 days after filing the Certificate of Lien with the town clerk.
The provisions of the Connecticut statutes that permit the filing of mechanics liens and materialmen’s liens can be found at Connecticut General Statutes §§49-33 et. seq. The full text of the Connecticut Mechanics Lien Law is provided below and has been updated as of May 2023.
(a) If any person has a claim for more than ten dollars for materials furnished or services rendered in the construction, raising, removal or repairs of any building or any of its appurtenances or in the improvement of any lot or in the site development or subdivision of any plot of land, and the claim is by virtue of an agreement with or by consent of the owner of the land upon which the building is being erected or has been erected or has been moved, or by consent of the owner of the lot being improved or by consent of the owner of the plot of land being improved or subdivided, or of some person having authority from or rightfully acting for the owner in procuring the labor or materials, the building, with the land on which it stands or the lot or in the event that the materials were furnished or services were rendered in the site development or subdivision of any plot of land, then the plot of land, is subject to the payment of the claim.
(b) The claim is a lien on the land, building and appurtenances or lot or in the event that the materials were furnished or services were rendered in the site development or subdivision of any plot of land, then on the plot of land and the claim takes precedence over any other encumbrance originating after the commencement of the services, or the furnishing of any such materials, subject to apportionment as provided in section 49-36.
(c) If any such liens exist in favor of two or more persons for materials furnished or services rendered in connection with the same construction, raising, removal or repairs of any building or any of its appurtenances, or in the improvement of any lot, or in the site development or subdivision of any plot of land, no one of those persons shall have any priority over another except as hereinafter provided.
(d) If any instrument constituting a valid encumbrance upon such land other than a mechanic’s lien is filed for record while the building is being constructed, raised, removed or repaired, or the lot is being improved, or the plot of land is being improved or subdivided, all such mechanic’s liens originating prior to the filing of that instrument for record take precedence over that encumbrance and no such mechanic’s lien shall have priority over any other such mechanic’s lien. That encumbrance and all such mechanic’s liens shall take precedence over any mechanic’s lien which originates for materials furnished or services rendered after the filing of that instrument for record, but no one of the mechanic’s liens originating after the filing of that instrument for record has precedence over another. If any lienor waives or releases his lien or claim of precedence to any such encumbrance, that lien shall be classed with and have no priority over liens originating subsequent to that encumbrance.
(e) A mechanic’s lien shall not attach to any such building or its appurtenances or to the land on which the same stands or to any lot or to any plot of land, in favor of any subcontractor to a greater extent in the whole than the amount which the owner has agreed to pay to any person through whom the subcontractor claims subject to the provisions of section 49-36.
(f) Any such subcontractor shall be subrogated to the rights of the person through whom the subcontractor claims, except that the subcontractor shall have a mechanic’s lien or right to claim a mechanic’s lien in the event of any default by that person subject to the provisions of sections 49-34, 49-35 and 49-36, provided the total of such lien or liens shall not attach to any building or its appurtenances, or to the land on which the same stands or to any lot or to any plot of land, to a greater amount in the whole than the amount by which the contract price between the owner and the person through whom the subcontractor claims exceeds the reasonable cost, either estimated or actual, as the case may be, of satisfactory completion of the contract plus any damages resulting from such default for which that person might be held liable to the owner and all bona fide payments, as defined in section 49-36, made by the owner before receiving notice of such lien or liens.
(g) In the case of the removal of any building, no such mechanic’s lien shall take precedence over any encumbrance upon the land to which such building has been removed which accrued before the building was removed upon the land.
(h) If any person has a claim for more than ten dollars for materials furnished or services rendered in the construction, raising, removal or repairs of any real property, and the claim is by virtue of an agreement with or by consent of the lessee of such real property or of some person having authority from or rightfully acting for such lessee in procuring the materials or labor, then the leasehold interest in such real property is subject to the payment of the claim. This subsection shall not be construed to limit any of the rights or remedies available to such person under subsection (a) of this section.
(i) Any mechanic’s lien may be foreclosed in the same manner as a mortgage.
A mechanic’s lien is not valid unless the person performing the services or furnishing the materials (1) within ninety days after he has ceased to do so, lodges with the town clerk of the town in which the building, lot or plot of land is situated a certificate in writing, which shall be recorded by the town clerk with deeds of land, (A) describing the premises, the amount claimed as a lien thereon, the name or names of the person against whom the lien is being filed and the date of the commencement of the performance of services or furnishing of materials, (B) stating that the amount claimed is justly due, as nearly as the same can be ascertained, and (C) subscribed and sworn to by the claimant, and (2) not later than thirty days after lodging the certificate, serves a true and attested copy of the certificate upon the owner of the building, lot or plot of land in the same manner as is provided for the service of the notice in section 49-35.
(a) No person other than the original contractor for the construction, raising, removal or repairing of the building, or the development of any lot, or the site development or subdivision of any plot of land or a subcontractor whose contract with the original contractor is in writing and has been assented to in writing by the other party to the original contract, is entitled to claim any such mechanic’s lien, unless, after commencing, and not later than ninety days after ceasing, to furnish materials or render services for such construction, raising, removal or repairing, such person gives written notice to the owner of the building, lot or plot of land and to the original contractor that he or she has furnished or commenced to furnish materials, or rendered or commenced to render services, and intends to claim a lien therefor on the building, lot or plot of land; provided an original contractor shall not be entitled to such notice, unless, not later than fifteen days after commencing the construction, raising, removal or repairing of the building, or the development of any lot, or the site development or subdivision of any plot of land, such original contractor lodges with the town clerk of the town in which the building, lot or plot of land is situated an affidavit in writing, which shall be recorded by the town clerk with deeds of land, (1) stating the name under which such original contractor conducts business, (2) stating the original contractor’s business address, and (3) describing the building, lot or plot of land. The right of any person to claim a lien under this section shall not be affected by the failure of such affidavit to conform to the requirements of this section. The notice shall be served upon the owner or original contractor, if such owner or original contractor resides in the same town in which the building is being erected, raised, removed or repaired or the lot is being improved, or the plot of land is being improved or subdivided, by any indifferent person, state marshal or other proper officer, by leaving with such owner or original contractor or at such owner’s or the original contractor’s usual place of abode a true and attested copy thereof. If the owner or original contractor does not reside in such town, but has a known agent therein, the notice may be so served upon the agent, otherwise it may be served by any indifferent person, state marshal or other proper officer, by mailing a true and attested copy of the notice by registered or certified mail to the owner or original contractor at the place where such owner or the original contractor resides. If such copy is returned unclaimed, notice to such owner or original contractor shall be given by publication in accordance with the provisions of section 1-2. When there are two or more owners, or two or more original contractors, the notice shall be so served on each owner and on each original contractor. The notice, with the return of the person who served it endorsed thereon, shall be returned to the original maker of the notice not later than thirty days after the filing of the certificate pursuant to section 49-34.
(b) No subcontractor, without a written contract complying with the provisions of this section, and no person who furnishes material or renders services by virtue of a contract with the original contractor or with any subcontractor, may be required to obtain an agreement with, or the consent of, the owner of the land, as provided in section 49-33, to enable him to claim a lien under this section.
(a) Whenever one or more mechanics’ liens are placed upon any real estate pursuant to sections 49-33, 49-34, 49-35 and 49-38, the owner of the real estate, if no action to foreclose the lien is then pending before any court, may make application, together with a proposed order and summons, to the superior court for the judicial district in which the lien may be foreclosed under the provisions of section 51-345, or to any judge thereof, that a hearing or hearings be held to determine whether the lien or liens should be discharged or reduced. The court or judge shall thereupon order reasonable notice of the application to be given to the lienor or lienors named therein and, if the application is not made by all owners of the real estate as may appear of record, shall order reasonable notice of the application to be given to all other such owners, and shall set a date or dates for the hearing or hearings to be held thereon. If the lienor or lienors or any owner entitled to notice is not a resident of this state, the notice shall be given by personal service, registered or certified mail, publication or such other method as the court or judge shall direct. At least four days’ notice shall be given to the lienor, lienors or owners entitled to notice prior to the date of the hearing.
(b) The application, order and summons shall be substantially in the following form:
APPLICATION FOR DISCHARGE OR REDUCTION OF MECHANIC’S LIEN
To the …. Court of ….
The undersigned represents:
1. That …. is the owner of the real estate described in Schedule A attached hereto.
2. That the names and addresses of all other owners of record of such real estate are as follows:
3. That on or about …., (date) …., (name of lienor) of …. (address of lienor) placed a mechanic’s lien on such real estate and gave notice thereof.
4. That there is not probable cause to sustain the validity of such lien (or: That such lien is excessive).
5. That the applicant seeks an order for discharge (or reduction) of such lien.
Name of Applicant
By ….
Applicant’s Attorney
ORDER
The above application having been presented to the court, it is hereby ordered, that a hearing be held thereon at …. a.m. and that the applicant give notice to the following persons: (Names and addresses of persons entitled to notice) of the pendency of said application and of the time when it will be heard by causing a true and attested copy of the application, and of this order to be served upon such persons by some proper officer or indifferent person on or before …. and that due return of such notice be made to this court.
Dated at …. this …. day of …. 20…
SUMMONS
To a state marshal of the county of …., or either constable of the town of …., in said county,
Greeting:
By authority of the state of Connecticut, you are hereby commanded to serve a true and attested copy of the above application and order upon …., of …. by leaving the same in such person’s hands or at such person’s usual place of abode (or such other notice as ordered by the court) on or before ….
Hereof fail not but due service and return make.
Dated at …. this …. day of …. 20…
….
Commissioner of the Superior Court
(1) If the clerk, upon receipt of all the documents in duplicate, finds them to be in proper form, the clerk shall fix a date for a hearing on the application and sign the order of hearing and notice. An entry fee of twenty dollars shall then be collected and a copy of the original document shall be placed in the court file.
(2) The clerk shall deliver to the applicant’s attorney the original of the documents for service. Service having been made, the original documents shall be returned to the court with the endorsement by the officer of such officer’s actions.
(c) If an action for foreclosure of the lien is pending before any court, any party to that action may at any time prior to trial, unless an application under subsection (a) of this section has previously been ruled upon, move that the lien be discharged or reduced.
(d) No more than one application under subsection (a) hereof or motion under subsection (c) hereof shall be ruled upon with respect to any single mechanic’s lien, except that the foregoing shall not preclude an application or motion by a person not given notice of the prior application or not a party to the action at the time the prior motion was ruled upon.
(a) Any order entered as provided in subsection (b) of section 49-35b shall be deemed a final judgment for the purpose of appeal.
(b) No appeal may be taken from the order except within seven days thereof. The effect of the order shall be automatically stayed for the seven-day period. If an appeal is taken within the seven-day period, the party taking the appeal may, within that period, file an application with the clerk of the court in which the order was issued, requesting a stay of the effect of the order pending the appeal, which application shall set forth the reasons for the request. A copy of the application shall be sent to each other party by the applicant. Upon the filing of the application, the effect of the order shall be further stayed until a decision is rendered thereon. A hearing on the application shall be held promptly. The order shall be stayed if the party taking the appeal posts a bond, as provided in subsection (c) of this section.
(c) Upon the hearing on the application, the court shall:
(1) Upon motion of the party taking the appeal, set a bond with surety for the stay of the order as provided in subsection (b) of this section, in an amount which the court deems sufficient to indemnify the adverse party for any damages which may result from the stay. If the party taking the appeal gives that bond the order shall be stayed; or
(2) grant the stay; or
(3) deny the stay; or
(4) condition the granting of the stay upon the giving of such a bond.
(d) Any order of discharge or reduction or any order of any such stay shall take effect upon recording of a certified copy thereof in the office of the town clerk in which such lien was originally recorded. The clerk of the court in which any such order is issued shall not deliver any certified copies thereof until the time for taking an appeal has elapsed or, if an appeal is taken and an application for a stay of the order is filed, until such time as a decision granting or denying the stay has been rendered.
(a) Any person who prior to April 22, 1975, placed a mechanic’s lien upon any real estate pursuant to sections 49-33, 49-34, 49-35 and 49-38, which was not released or discharged on such date, may validate such lien by filing a new certificate of mechanic’s lien and serving a true and attested copy thereof pursuant to the provisions of section 49-34, and, if applicable, by serving the notice required by section 49-35, within ninety days from June 25, 1975, and such mechanic’s lien shall be deemed to have originated as of the effective date of the original mechanic’s lien so validated, provided, such validation shall not affect the interest of any person acquiring an interest in such real estate as an owner or mortgagee from April 22, 1975, through June 25, 1975, inclusive. Such validation shall not affect the interest of any person to whom such validation would be in violation of the Constitution of the United States or the Constitution of the state of Connecticut, but in such event such lien shall have no less validity than if the lienor had commenced the rendering of services or the furnishing of materials on June 25, 1975. Any such lien not validated pursuant to this section shall be invalid and discharged as a matter of law.
(b) Any person who would have been entitled under the terms of sections 49-33, 49-34, 49-35 and 49-38, to claim a mechanic’s lien between April 22, 1975, and June 25, 1975, inclusive, but had not done so, may file a certificate of such lien and serve a true and attested copy thereof as required by section 49-34 and, if applicable, serve the notice required by section 49-35, within the time provided by section 49-34, or within ninety days of June 25, 1975, whichever period is longer. For purposes of determining when such person’s mechanic’s lien took effect, such person shall be deemed to have commenced the rendering of services or the furnishing of materials as of June 25, 1975, but for purposes of determining the amount of such lien such person shall be deemed to have commenced the rendering of services or the furnishing of materials as of the actual date of such commencement.
(c) Any person who between April 22, 1975 and June 25, 1975, inclusive, placed a mechanic’s lien upon any real estate pursuant to sections 49-33, 49-34 and 49-38, which was not released or discharged on June 25, 1975, may file a new certificate of such lien and serve a true and attested copy thereof pursuant to the provisions of section 49-34, and, if applicable, may serve the notice required by section 49-35, within ninety days of June 25, 1975. For purposes of determining when such person’s mechanic’s lien took effect, such person shall be deemed to have commenced the rendering of services or the furnishing of materials as of June 25, 1975, but for purposes of determining the amount of such lien such person shall be deemed to have commenced the rendering of services or the furnishing of materials as of the actual date of such commencement.
(a) No mechanic’s lien may attach to any building or its appurtenances, or to the land on which the same stands, or any lot, or any plot of land, in favor of any person, to a greater amount in the whole than the price which the owner agreed to pay for the building and its appurtenances or the development of any such lot, or the development of any such plot of land.
(b) When there are several claimants and the amount of their united claims exceeds that price, the claimants, other than the original contractor, shall be first paid in full, if the amount of that price is sufficient for that purpose; but, if not, it shall be apportioned among the claimants having the liens, other than the original contractor, in proportion to the amount of the debts due them respectively; and the court having jurisdiction thereof, on application of any person interested, may direct the manner in which the claims shall be paid.
(c) In determining the amount to which any lien or liens may attach upon any land or building, or lot or plot of land, the owner of the land or building or lot or plot of land shall be allowed whatever payments he has made, in good faith, to the original contractor or contractors, before receiving notice of the lien or liens. No payments made in advance of the time stipulated in the original contract may be considered as made in good faith, unless notice of intention to make the payment has been given in writing to each person known to have furnished materials or rendered services at least five days before the payment is made.
(a) Whenever any mechanic’s lien has been placed upon any real estate pursuant to sections 49-33, 49-34 and 49-35, the owner of that real estate, or any person interested in it, may make an application to any judge of the Superior Court that the lien be dissolved upon the substitution of a bond with surety, and the judge shall order reasonable notice to be given to the lienor of the application. If the lienor is not a resident of the state, the judge may order notice to be given by publication, registered or certified letter or personal service. If the judge is satisfied that the applicant in good faith intends to contest the lien, he shall, if the applicant offers a bond, with sufficient surety, conditioned to pay to the lienor or his assigns such amount as a court of competent jurisdiction may adjudge to have been secured by the lien, with interest and costs, order the lien to be dissolved and such bond substituted for the lien and shall return the application, notice, order and bond to the clerk of the superior court for the judicial district wherein the lien is recorded; and, if the applicant, within ten days from such return, causes a copy of the order, certified by the clerk, to be recorded in the town clerk’s office where the lien is recorded, the lien shall be dissolved. Whenever a bond is substituted for any lien after an action for the foreclosure of a lien has been commenced, the plaintiff in the foreclosure may amend his complaint, without costs, so as to make the action one upon the bond with which the plaintiff may join an action to recover upon his claim. Whenever a bond is substituted for any lien before an action for the foreclosure of the lien has been commenced, the plaintiff may join the action upon the bond with an action to recover upon his claim. Whenever a bond has been substituted for any lien, pursuant to this section, unless an action is brought to recover upon the bond within one year from the date of recording the certificate of lien, the bond shall be void.
(b) Whenever a bond has been substituted for any lien pursuant to this section:
(1) The principal or surety on the bond, if no action to recover on the bond is then pending before any court, may make application, together with a proposed order and summons, to the superior court for the judicial district in which the action may be brought, or to any judge of the court, that a hearing be held to determine whether the lien for which the bond was substituted should be declared invalid or reduced in amount. The court or judge shall thereupon order reasonable notice of the application to be given to the obligee on the bond and, if the application is not made by all principals or sureties on the bond, shall order reasonable notice of the application to be given to all other such principals and sureties, and shall set a date for the hearing to be held thereon. If the obligee or any principal or surety entitled to notice is not a resident of this state, the notice shall be given by personal service, registered or certified mail, publication or such other method as the court or judge shall direct. At least four days notice shall be given to the obligee, principal and surety entitled to notice prior to the date of the hearing.
(2) The application, order and summons shall be substantially in the form established by subsection (b) of section 49-35a, adapted accordingly. The provisions of subdivisions (1) and (2) of subsection (b) of section 49-35a, shall apply.
(3) If an action on the bond is pending before any court, any party to that action may at any time prior to trial, unless an application under subdivision (1) of this subsection has previously been ruled upon, move that the lien for which the bond was substituted be declared invalid or reduced in amount.
(4) No more than one application or motion under subdivision (1) or (3) of this subsection may be ruled upon with respect to any single mechanic’s lien, except that the foregoing does not preclude an application or motion by a person not given notice of the prior application or not a party to the action at the time the prior motion was ruled upon. Nothing in this subdivision shall be construed as permitting a surety on a bond to bring an application for discharge or reduction, if the validity of the lien has previously been ruled upon pursuant to section 49-35a.
(5) Upon the hearing held on the application or motion set forth in this subsection, the obligee on the bond shall first be required to establish that there is probable cause to sustain the validity of the lien. Any person entitled to notice under subdivision (1) of this section may appear, be heard and prove by clear and convincing evidence that the validity of the lien should not be sustained or that the amount of the lien claimed is excessive and should be reduced. Upon consideration of the facts before it, the court or judge may:
(A) Deny the application or motion if probable cause to sustain the validity of the lien is established; or
(B) order that the bond is void if (i) probable cause to sustain the validity of the lien is not established, or (ii) by clear and convincing evidence, the invalidity of the lien is established; or
(C) order the amount of the bond reduced if the amount of the lien is found to be excessive by clear and convincing evidence.
(6) Any order entered upon an application set forth in subdivision (1) of this subsection shall be deemed a final judgment for the purpose of appeal.
Whenever prior to April 22, 1975, a bond has been substituted for any lien pursuant to section 49-37, which bond was in effect on said date, the obligee on such bond may validate the lien for which the bond was substituted by serving, by registered or certified mail, upon the principal and surety on such bond a copy of the certificate of mechanic’s lien which was originally filed, within ninety days of June 25, 1975. Any such lien not validated pursuant to this section shall be deemed to have been invalid and discharged as a matter of law.
If any person has a claim for materials furnished or services rendered for the construction of any railroad, or any of its appurtenances, under any contract with or approved by the corporation owning or managing it, the railroad shall, with its real estate, right-of-way, material, equipment, rolling stock and franchises, be subject to the payment of that claim; and that claim shall be a lien on the railroad, railroad property and franchises, and the lien shall be asserted, perfected and foreclosed in all respects in accordance with the provisions of sections 49-34 to 49-37, inclusive, except that the certificates of the lien and of its discharge shall be filed in the office of the Secretary of the State, who shall record them in a book kept for that purpose.
A mechanic’s lien shall not continue in force for a longer period than one year after the lien has been perfected, unless the party claiming the lien commences an action to foreclose it, by complaint, cross-complaint or counterclaim, and records a notice of lis pendens in evidence thereof on the land records of the town in which the lien is recorded within one year from the date the lien was recorded or within sixty days of any final disposition of an application made pursuant to section 49-35a, including any appeal taken with respect thereto in accordance with section 49-35c, whichever is later. Each such lien, after the expiration of the one-year period or sixty-day period, as the case may be, without action commenced and notice thereof filed as aforesaid, shall be invalid and discharged as a matter of law. An action to foreclose a mechanic’s lien shall be privileged in respect to assignment for trial. With respect to any such lien which was validated in accordance with the provisions of section 49-37a, the one-year period or sixty-day period, as the case may be, shall toll from the date of the validation.
Any mechanic’s lien which has expired because of failure to comply with the time limitations of section 49-39 is automatically extinguished and the continued existence of the lien unreleased of record in no way affects the record owner’s title nor the marketability of the same.
Certificates of foreclosure of mechanic’s liens shall be, as far as possible, of the same form as is prescribed for certificates of foreclosure of mortgages.
(a) Any person having an interest in any real or personal property described in any certificate of lien, which lien is invalid but not discharged of record, may give written notice to the lienor sent to him at his last-known address by registered mail or by certified mail, postage prepaid, return receipt requested, to discharge the lien. Upon receipt of such notice, the lienor shall discharge the lien by sending a release sufficient under section 52-380d, by first class mail, postage prepaid, to the person requesting the discharge. If the lien is not discharged within thirty days of the notice, that person may apply to the Superior Court for such a discharge, and the court may adjudge the validity or invalidity of the lien and may award the plaintiff damages for the failure of the defendant to make discharge upon request. If the court is of the opinion that such certificate of lien was filed without just cause, it may allow, in its discretion, damages to any person aggrieved by such failure to discharge, at the rate of one hundred dollars for each week after the expiration of such thirty days, but not exceeding in the whole the sum of five thousand dollars or an amount equal to the loss sustained by such aggrieved person as a result of such failure to discharge the lien, which loss shall include, but not be limited to, a reasonable attorney’s fee, whichever is greater.
(b) When a lien on real property is adjudged invalid or is otherwise discharged by the court, a certified copy of the judgment of invalidity or discharge recorded on the land records of the town where the certificate of lien was filed fully discharges the lien. If such a discharged or invalid lien is a lien filed on personal property pursuant to section 52-355a, a release of lien in the form prescribed by subsection (c) of section 52-380d, certified to by a clerk of the Superior Court, with reference to and the date of the court order of discharge or invalidity, fully discharges the lien on filing with the Secretary of the State.
The pendency of an action for the foreclosure of any lien, other than a chattel mortgage, upon any personal estate is not notice of that action to any person who acquires an interest in that estate during the pendency of the action, unless the officer serving the process and complaint in the action leaves a true and attested copy of the process and complaint at the office of the town clerk of the town in which the lien is recorded at least twelve days before the return day of the process. A judgment or decree of foreclosure obtained in that action, upon any process and complaint of which a copy is not so left at the town clerk’s office, does not affect the rights of any person acquiring an interest in the estate during the pendency of the action.
(a) The officer serving the process and complaint in an action for the foreclosure of any lien, other than a chattel mortgage, upon any personal estate shall leave a true and attested copy of the process and complaint at the town clerk’s office at least twelve days before the return day of the process, for which he shall be allowed the same fees as for other copies, and the fees shall be taxed with the other fees in the cause.
(b) The town clerk at whose office any such copy is left shall keep the same on file for the inspection of all persons having any interest in the estate therein described. The town clerk shall endorse on all such copies the date of their reception, and shall plainly number them as they are received, consecutively. He shall also keep a book in which he shall index the copies, referring to their numbers, under the plaintiff’s name as grantee and the defendant’s name as grantor.